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§ 8.01-54.Judgment to distribute recovery when verdict fails to do so.

Chapter 3. Actions · Article 5. Death by Wrongful Act · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-54 requires a wrongful death judgment to specify how the recovery is divided among beneficiaries, lets either party ask the jury to make that specification, has the court step in if the jury cannot agree, and directs the personal representative to pay costs, fees, and specific expenses before distributing the remainder under § 8.01-53.

Full Text of § 8.01-54

Text sizeJump to: (A) (B) (C)

A. The verdict may and the judgment of the court shall in all cases specify the amount or the proportion to be received by each of the beneficiaries, if there be any. No verdict shall be set aside for failure to make such specification.
B. If either party shall so request the case shall be submitted to the jury with instructions to specify the distribution of the award, if any. If the jury be unable to agree upon or fail to make such distribution, the court shall specify the distribution and enter judgment accordingly. For the purpose of distribution the court may hear additional evidence.
C. The amount recovered in any such action shall be paid to the personal representative who shall first pay the costs and reasonable attorney's fees and then distribute the amount specifically allocated to the payment of hospital, medical, and funeral expenses. The remainder of the amount recovered shall thereafter be distributed by the personal representative, as specified in subsections A and B above, to the beneficiaries set forth in § 8.01-53; provided that any distribution made to any such beneficiaries shall be free from all debts and liabilities of the decedent. If there be no such beneficiaries, the amount so recovered shall be assets in the hands of the personal representative to be disposed of according to law.

Plain-English Summary

Section 8.01-54 works alongside § 8.01-53 to make sure a wrongful death recovery reaches the right beneficiaries in the right shares. Subsection A says the verdict may, and the judgment must, specify the amount or proportion each beneficiary receives, but a verdict is not set aside merely because it fails to make that specification.

Subsection B lets either party request that the case go to the jury with instructions to specify how the award should be distributed. If the jury cannot agree, or does not make the distribution, the court steps in, specifies the distribution itself, and enters judgment accordingly; for that purpose, the court may hear additional evidence beyond what the jury heard.

Subsection C sets the order of payment once money is recovered. The amount goes first to the personal representative, who pays the costs and reasonable attorney’s fees, then distributes the portions specifically allocated to hospital, medical, and funeral expenses. Whatever remains is then distributed among the beneficiaries identified under § 8.01-53, according to the shares fixed under subsections A and B — and that distribution reaches the beneficiaries free of the decedent’s own debts and liabilities. If no beneficiaries exist, the recovered amount becomes an asset of the estate, handled by the personal representative according to the ordinary rules of estate administration.

Frequently Asked Questions

Does a wrongful death verdict have to specify each beneficiary’s share?

The judgment must specify the amount or proportion for each beneficiary, though a verdict itself is not set aside just because the jury failed to make that specification — the court can fill in the distribution.

What happens if the jury cannot agree on how to divide the award?

Under subsection B, if either party requested distribution instructions and the jury cannot agree or fails to specify the distribution, the court decides the distribution itself and may hear additional evidence for that purpose before entering judgment.

What gets paid first out of a wrongful death recovery?

The personal representative first pays the costs of the action and reasonable attorney’s fees, then distributes the portions specifically allocated to hospital, medical, and funeral expenses, before dividing the remainder among the beneficiaries.

Are wrongful death proceeds reachable by the decedent’s creditors?

No. Subsection C specifies that distributions to the beneficiaries identified under § 8.01-53 are free from all debts and liabilities of the decedent.

What happens to a wrongful death recovery if there are no eligible beneficiaries?

The amount recovered becomes an asset in the hands of the personal representative, to be disposed of according to the ordinary rules governing estate assets.

Amendment History

Code 1950, § 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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